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Home My WebLink About2007-09-04 Resolution l309C-O(41-057~ tY'rt.j I' c' Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-263 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Mama's Deli & Catering - 125 E. Washington Street Iowa City Piano Lounge - 217 Iowa Avenue Studio 13 13 S. Linn Street Passed and approved this 4 th ATTEST: ~,p. ~ CITY CLERK dayof r;;z: u"]~ OJ MAYOR '" Approved by ~~~ \ ,5"'-O~ City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: -X- -----X- x - -L -----X- -X-- -X- NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn I~~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 07-264 RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMER 18, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of September, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. day of c:::1_L );20d~~ MAYOR Approved by ~K~~-D City Attorney's Office g- p 7/0 7 Passed and approved this 4th ATTEST: ~~ ~ ~ CITY CLERK Pweng/res/oldhwy218wmext.-selph.doc 8/07 Resolution No. Page 2 07-264 It was moved by c'h,qmpi on and seconded by adopted, and upon roll call there were: R,q;1py AYES: NAYS: ABSENT: x x x y: x x x the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M+6 ern: Prepared by: Ron Knoche, City Engineer, 410 E. Washington 81., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 07-?fi'l RESOLUTION ACCEPTING THE WORK FOR THE 2007 DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2007 Directional Boring Project, as included in a contract between the City of Iowa City and Gaylord Construction, Inc., of Fort Madison, lA, dated April 13, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $73,428.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4 th day of September ,20 07 ~CJAaL MAYOR Approved by ATTEST ~~ K. ~ CIT LERK k~<f./~.,[) City Attorney's Office 8/;J.9/0' It was moved by c'hampion and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x X X x Pweng/res/07 di rectborri ng-acptwork. doc 8/07 City of Iowa City MEMORANDU Date: August 13, 2007 To: Dale Helling ( From: Kim sandber~ Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the September 4th Council meeting: 1) 2007 Directional Boring Project Contractor: Gaylord Construction, Inc. .:. Project Estimated Cost: $ 75,000.00 .:. Project Bid Received: $ 81,180.00 .:. Project Actual Cost: $ 73,428.00 /''"1 / ~ f!0..? (J r ;:;i; Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington, Iowa City, IA 52240,319-356-5088/5138 RESOLUTION NO. 07-266 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2007. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking report for the period beginning July 1, 2006, through June 30, 2007, be approved. Passed and approved this 4 th day of sep~007. . l ) ,.m~ MAYOR .... -, - Approved by ATTEST: ~ ~ ~ CI LERK ~ ~~7 City Attorney's Office It was moved by Champion and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X finad m\res\ finreport. d ac ~...Iowa oepartment of Transportation ....1.1 Form 517007 (4.05) Ipg. 1l ~ Office of Local Systems Amel,IA 50010 City Street Financial Report (Cover Sheet) City Name IOWA CITY Contact Information Name Marian Karr Hours 8:00 AM - 5:00 PM City Number 3715 City PopUlation 62,220 Now therefore let it be resolved that the city council of Iowa City (city name) on 09/04/ 200-pid hereby approve and adopt the annual (month/day/year) City Street Financial Report from July 1, 2006 to June 30, E-mail AddreSs Marian-Karr@iowa-city.org Phone (319) 356-5041 Pre parer Information Name Sara Sproule & Ron Knoche Mayor Information Name Ross Wilburn Phone (319) 356-5010 E-mail Address Sara-Sproule@iowa-city.org Phone (319) 356-5088 Office Use Only , Iowa 2007 City Iowa City Phone (Home) Extension (319) 356-5138 SttPt~ddiUj 410 East Washington Street E;maIlA~dres. Ross- Wilburn@iowa-city.org Extension Resolution Number 07-266 J...-'Yle~~~ k. . Signature City Clerk 'k~ P Code 52240-1826 ~""Iowa oepartment of Transportation !:!!:..~ Form 517007 (4-05) (pg. 2) -...-.. Office of Local Systems Ames, IA 50010 City Street Financial Report (Summary Statement Sheet) City Name IOWA CITY City Number 3715 City Population 62,220 Fiscal Year 2007 A. BEGINNING BALANCE 1. July 1 Balance 2,238,550 0 2,772,552 5,011,102 2. Adjustments 714 714 (Note on Explanation Sheet) 3. Adjusted Balance 2,239,264 0 2,772,552 5,011,816 B.REVENUES . T ... . ...: 1, Road. Use Tax 5,274,313 5,274,313 2. Transfer of 9,512 9,512 Jurisdictions Fund 3. Property Taxes 281,717 4,811,695 5,093,412 4. Special Assessments 5. Miscellaneous 1,563,239 5,071,092 6,634,331 6. Proceeds from Bonds, 4,676,368 4,676,368 Notes, and Loans 7. Interest Earned 40,593 40,593 8. Total Revenues 5,283,825 1,885,549 14,559,155 21,728,529 (Une. 81 thru 87) C. Total Funds Available 7,523,089 1,885,549 17,331,707 26,740,345 (Line A3 + Line 88) Column 1 Column 2 Column 3 Column 4 Road Use Other Street Street Debt Totals Tax Fund Monies Round Figures 10 Nearest Dollar EXPENSES D. Maintenance 1. RoactW:ilY Maintenance 3,206,388 753,097 85,501 4,044,986 .2. $OoWa,,~1geRem6val I 429,4671 34,7701 464,237 E.Gons.trlictlon.....RlIConstrUCtlon;and..lrri..rovemenls ...~ 1.Enilineeiihg~:....f: .. 343,388 72,473 1,568,941 1,984,802 2t,'RiQht 2fW$yl'?urchased 151,108 228,566 4,435 384, I 09 3, $treeVBridge' Construction 367,703 375,476 3,412,215 4,155,394 4. Traffic Services 350,727 219,520 570,247 Column 1 Column 2 Column 3 Column 4 Road Use Other Street Street Debt Totals Tax Fund Monies Round Figures to Nearesl Dollar I F. Administration G. Equipment (Purchased or Leased) IH,Miscellaneous '"'. Street Delit L 1,Bohds, Notell, and Loans - Principal Paid 3,461,995 3,461,995 2, Bonds, Notes, and Loans - 1,349,701 Interest Paid 1,349,701 TOTALS K. Total Expenses 5,268,388 2,040,368 9,882,788 17,191,544 (Lln.. D thru J) L.End!i19Bal.u'lce . 2,254,701 -154,819 7,448,919 9,548,801 (Ulle c::'. Kl M.TotalFunds Accounted For 7,523,089 1,885,549 17,331,707 26,740,345 (K+L-C) ""... IOwa Department of TranspOrtation .....!., Form 517007 (4-05) (pg. 3) ~ Office of Local Systems Ames, IA 50010 City Street Financial Report (Miscellaneous Revenues and Expenses Sheet) City Name IOWA CITY City Number 3715 City Population 62,220 Fiscal Year 2007 Code Number and Itemization of Miscellaneous Revenues (Line 85 on the Summary Statement Sheet) Column ;t Column 3 Other Street (See Instructions) Monies Street Debt 110 Parking Revenues 301,751 112 Utility Revenue 231,768 115 Other Governments (misc.) 219,042 123 Various State Grants 6,860 127 U-STEP 537,532 170 Reimbursements (misc.) 26,001 172 Labor & Services 23,955 173 Reimbursemenl For Damages 28,715 180 Receipls From Sales 6,605 182 Property or Buildings (Sale or Rent) 800 Une 85 Totals 1,563,239 5,071,092 , '" ' Column 2 Code NUmber and ItemlxatIon of MI.cellaneo~, E~~es Jl.,lne H,.on the SUmmary S~tement Shset) Column 3 "On street" parklng expenses, street maintenance, bull!llnls,lnsuraril;8, a mlnlstl'atIve cosl!Jforprln"ng,legal f.eds, bondf.es, etc. Other Street Street Debt ( ee Il1struttlons) , ' Monies 230 On Street Parking Only 301,751 Line H Totals 301,751 ~"'Iowa Department of Transportation ~, Fonn 517007 (4-05) (pg. 3) ~ Office of Local Systems Ames, IA 50010 City Street Financial Report (Miscellaneous Revenues and Expenses Sheet) City Name IOWA CITY City Number 3715 City Population 62,220 Fiscal Year 2007 Code Number and Itemization of Miscellaneous Revenues (Line 85 on the Summary Statement Sheet) Column 2 Column 3 Other Street (See Instructions) Monies Street Debt 192 Donations 20,000 193 Fines & Fees 160,210 194 General Fund Transfers 5,071,092 , Line B5.Totals 1,563,239 5,071,092 Code Number ,and ItemlZ,atJon ofMlscellaneou.E1<pe"lI..~L.lne H onth~s""'marYStatenien~ Sheet) Column 2 Column 3 "On street" parking expenses; street malntenance.bUlldln~s, IIlIU~l:e, a mlnlstJ'atIvs c:astll for'prhjtInll. Iegalfeeds,bond fees, etc. Other Street ( .."nswctlons) Monies Street Debt . Line H Totals 301,751 ~~ Iowa Department of Transportation ....:!!:.., Form 517007 (4-05) (pg. 4) -...-.. Office of local Systems Amos, IA 50010 City Street Financial Report (Bonds, Notes, and Loans Sheet) City Name IOWA CITY City Number 3715 City Population 62.220 Fiscal Year 2007 Is this a Debt Type Debt purpose DOT Issue Issue Year Principal Principal Interest Principal new bond? Use Date Amount Due Balance as Paid Paid Balance as Ves No Only (MMlDDIYYYYJ of 711 or after of 6/30 X General Obligation Slreel Improvements 102 01/01/2003 1,131,513 2015 488,899 148,911 16,451 339,988 X General Obligation Street Improvements 110 01/0111998 8,500.000 2013 2,40 t ,500 354,117 111,039 2,047.383 X General Obligation Paving & Conslruction 301 01/01/1999 9,000,000 2018 3,112,800 259,400 142,280 2,853,400 X General Obligation Paving & Construction 302 01/01/200 I 8,\16,450 2018 6,2\3,223 382,860 324.777 5,830,363 X General Obligalion Paving & Conslruction 303 06/29/2006 4,530,500 2016 4,530,500 339,862 174,902 4,190,638 X General Obligation Paving & Construction 304 01/01/1997 5,200,000 2007 326,756 326,756 15.360 0 X General Obligation Paving & Conslruclion 305 01/01/2001 5,571,750 2016 3,948,674 324,615 178,347 3,624,059 X General Obligation Paving & Construction 306 01/01/2002 7,587,370 2012 4,871,518 733,919 200,094 4,137,599 X General Obligation Paving & Construction 307 01/0 1/2003 2,569,088 2014 2,052,544 262,884 65,880 1,789,660 X General Obligation Paving & Conslruction 308 01/01/2005 3,662,334 2015 3,364,965 328,671 120,571 3,036,294 X General Obligation Paving & Construction 05/31/2007 4,676,368 2017 4,676.368 4,676,368 . New Bond Totals 4,676,368 Totals 35,987,747 3,461,995 1,349,701 32,525,752 .I~ Iowa Department of Transportation !!.., Form 517007 (.-05) (pg. 5) ~ Office of local Systems Ames. IA 50010 City Street Financial Report (Project Final Costs Sheet) For conslruction, reconslruclion, and improvemenl projects wilh cosls equal 10 or grealer than 90% of the bid threshold in effect as lhe beginning of the fiscal year Check here if there are 0 no entries for this year City Name IOWA CITV Section A City Number 3715 City Population 62,220 Fiscal Year 2007 1. 2. 3. 5, Line Project Number Estimated Project Type Public LocationlProject Description (limits, length. size of structure) No. Cost Letting? I 3877 1,410,000 Roadway Conslruetion Ves Soulh Gilbert St/Sand Road Improvements 2 3903 617,091 Bridge Ves Meadow Streel Bridge Replaement and Dover Street Basin Improvement 3 3824 368,000 Surfaces Ves 2006 Asphalt Overlay 4 3886 403,000 Traffic Control Ves IA Hwy IIUS 218 Ramp Signalizalion & IA Hwy I/Kitty Lee Right Turn Lane 5 3883 2,250,000 Roadway Conslruetion Ves Dubuque Street/Foster Road Inler5eetion 6 3876 6,463,000 Roadway Construction Ves Camp Cardinal Road Ex1ension 7 8 9 Contract Work City Labor 1. 6. 7. 8. II; 10. 11. 12. 13. Line Project Number Contrllctor N.me Contnct Additions! La.bor Equipment Materials Ovame.d Total No. PriCe Deductlone I 3877 Metro Pavers, Inc, 1,396,OE9 21,535 ,417,604 2 3903 Iowa Bridge & Culvert, Inc. 650,883 126 651,009 3 3824 L.L. Pelling Co. 456,253 89,764 546,017 4 3886 Streb Construclion Company 419,362 -7,389 411,973 5 3883 Metro Pavers, Inc. 1,941,2 5 9,133 1 ~~U ,/lllj 6 3876 Slreb Construclion Company 4,385,9 7 -46,99C /I jjlj ;957 7 8 9 Section B (.r,,'tr..lowa Department of Transportation -..1... Form 517007(4-05) (pg. 6) ~ Office of Local Systems Ames, IA 50010 City Street Financial Report (Road/Street Equipment Inventory Sheet) City Name IOWA CITY City Number 3715 City Population 62,220 Check here ifthere are no reportable equipment Fiscal Vear 2007 o 1. 2. 3. 5. 7. 8. Local Clase Model Description I'urcha.e '. ~~I!ee Rental IUnlt U.ed Statu. 1.0.11 Vear Cott oet Cost on Project this FY? 316 1998 Street Paint Machine I EZ Liner AL 120EZ 31800 No '10 Change 312 2001 Aerial Platform I International Elliott 4700 101129 No No Change 306 2000 Cargo Van I Ford E-150 16400 No Traded 302 1999 12500 GYWR Basket Truck I Ford F-350 59296 No '10 Change 294 2000 Mud Jack I Airplaco HJ25 23067 No '10 Change' 292 2003 37000 GYWR Dump Truck I GMC C8500 70700 No '10 Change 291 2003 37000 GYWR Dump Truck I GMC C8500 70200 No '10 Change 290 2003 37000 GVWR Dump Truck / GMC C8500 71000 No No Change 288 2003 37000 GYWR Dump Truck / GMC C8500 70000 No No Change 280 2004 Concrete Saw I Target Pro 35 III 8584 No No Change 276 1970 Street Flusher Truck J Chevy C-60 21321 No No Change 269 2000 Street Sweeper I Johnston 3000 86929 No No Change 259 2002 Slreel Sweeper I Pelican P 87977 No No Change 245 1997 38000 GVWR Dump Truck I GMC C-8500 50100 No No Change 244 1998 Air Compressor I Ingersol PI85CWJD 11200 No No Change 243 1993 Air Compressor I Ingersol PI85CWJD 11200 No No Change 242 1993 Air Compressor Ilngersol P 185CW JD 11200 No No Change 241B 2003 500 Lb. Concrete Breaker / Bobcat B950 5678 No No Change 241 2003 Skid loader I Bobcat S250 27758 No No Change 239 2001 I-Ton flatbed / Dodge Ram 3500 27700 No Traded 237 2002 Loader-Backhoe I Case 580 Super M 58960 No No Change 236 2003 Loader-Backhoe J John Deere 310SG 59125 No No Change 233 1996 Crack Sealer I Crafico EZ I ODD 16400 No No Change ~"'Iowa Department of Transportation ...!.."9 Fonn S17DD7 (4-05) (pg. 6) ~ Office of local Systems Ames, IA 50010 City Street Financial Report (Road/Street Equipment Inventory Sheet) City Name IOWA CITY City Number 3715 CityPopulatlon 62,220 Check here If there are no reportable equipment Fiscal Year 2007 o 1. 2. 3. 4. 5. 6. 7. 8. Local Class Model Description Purchase Lease IUnlt Rental IUnit Used Status 1.0,# Year Cost Cost Cost on Project this FY? 232B 2003 300 Lb. Concrete Breaker I Bobcat B850 4726 No No Change 230 2002 Endloader I Case 721 C 120325 No No Change 229 1998 Endloader I Case 621 B 98000 No Traded 227 1999 12500 GYWR Utility I Ford F-350 30400 No Sold 224 1989 Vibratory Roller I Case 252 20600 No No Change 222 2003 Chevy S-10 Extended Cab 15337 No No Change 213 1999 12500 GYWR Ulility I Ford F-350 26600 No Traded 211 2000 Sterling 137,000 GVWR Dump Truck 62740 No No Change 210 2000 Sterling I 37,000 GYWR Dump Truck 62740 No No Change 208 2000 Sterling 137,000 GYWR Dump Truck 62740 No No Change 207 1989 John Deere I Motor Grader 670B 74500 No No Change 205 2000 Sterling 137,000 GYWR Dump Truck 62740 No No Change 204 2000 Sterling I 37,000 GYWR Dump Truck 62740 No No Change 203 2000 Sterling / 37,000 GYWR Dump Truck 62740 No No Change 248 2005 13000 GYWR Utility/Ford F350 32101 No No Change 252 2005 37000 GYWR Dump Truck/Sterling L7500 83632 No No Change 253 2005 37000 GYWR Dump Truck/Sterling L7500 83632 No No Change 307 2005 Sign Truck/Ford F550 78521 No No Change 293 2004 Craftco Magnum Spray Asphall Patcher 50645 No No Change 240 2006 13000 GYWR Flat BedIFord F-350 34679 No No Change 202 2006 1/2 Ton Pickup/Chevrolet Silverdao 1500 15544 No No Change 232 2006 Skidloader/1ohn Deere 325 28509 No No Change 212 2006 12000 GYWR Flat Bed/GMC Sierra 3500 4X4 37883 No No Change f;r,fI!/t;.lowa Department of Transportation ~, Fonn 517007 (Hl5) (pg. 6) ~ Office of Local Systems Ames. IA 50010 City Street Financial Report (Road/Street Equipment Inventory Sheet) Check here Ifthere are no reportable equipment o City Name IOWA CITY City Number 3715 Ity Popuiatlon 62,220 FIscal Year 2007 1. 2. 3. 4. 5. &. 7. 8. Local Class Model Description Purchase Lease IUnlt Rental IUnlt Used Status 1.0.# Vear Cost Cost Cost on Project this FV? 308 2007 1/2 Ton Pickup/GMC Sierra 1500 15453 No lNo Change 213 2008 13000 GVWR Flatbed/Ford F-350 3284 No lNew 227 2008 13000 GVWR UlilitylFord F.350 35344 No lNew 229 2006 Endloader/Case 62\0 102882 No lNew 239 2008 13000 GVWR Flatbed/Ford F-350 31163 No lNew 298 2006 Pre-Mix Asphalt HeaterlStepp SPH-1.3 13533 No lNew 306 2007 1 Ton Ulility Cargo VanlFord E-350 31256 No lNew 874 1999 1/2 Ton Pickup/Dodge Ram 1500 2860 No lNew ~... Iowa oepartment of Transportation ~'" Form 517007 (4-05) (pg. 7) ~ Office of Local Syatem. Ames. IA 500'0 City Street Financial Report (Explanation Sheet) City Name IOWA CITY City Number 3715 City Population 62,220 Fiscal Year 2007 Comments Adjuslmenl amounl of$714.00 on line A.2. Column 1 Road Use Tax Fund- The check issued by lhe IA DOT for Transfer of Jurisdiction Paymen1s in December 2005 was not received by the City of Iowa City in fiscal year 2006. A replacemenl check was received in August 2006, fiscal year 2007. Per discussion with Tammi Bell, IA DOT, this amount should be added to the report in this year, the year of aclua! receipt. (This amount was deducted from lhe 6/30/06 report). However, the amounl on line B.2., Revenues - Transfer of Jurisdiction Funds, $9,512.00, is a field that is automatically filled-in and cannot be changed, so the change for this was reported on line A.2. - Adjustments. M~ rn: Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;319-356-5230 Resolution No. 07-267 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF THE VACATED PORTIONS OF COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH OF BURLINGTON STREET, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 18, 2007. WHEREAS, the University of Iowa owns all real estate between Burlington, Madison, Front and Harrison Streets in Iowa City, Iowa; and WHEREAS, the City Council is considering an ordinance to vacate the portions of Court Street west of Madison Street, and Front Street south of Burlington Street for the purpose of constructing a recreational facility (VAC07-00004); WHEREAS, in conjunction with this vacation, the University of Iowa is now requesting that the City convey to it these vacated parcels; and WHEREAS, in exchange for this conveyance, the University will convey to the City a blanket utility easement along these streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider the conveyance of the vacated portions of Court Street west of Madison, and Front Street south of Burlington Street to the University in consideration of University's conveyance of a blanket utility easement along these streets, 2. A public hearing on said proposal should be and is hereby set for September 18, 2007, at 7 p,m, in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 4 th day of Septemher ,2007. ~ W 2aJn.- MAYOR ~ ATTEST: 71~ f. ~ CITYeLERK ~ Resolution No. Page 2 07-267 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x x x X x X NAYS: c'h,qmp;on ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Sf Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO, 07-76R RESOLUTION OF INTENT TO CONSIDER THE CONVEYANCE OF VACATED EAST- WEST AND NORTH-SOUTH ALLEYS IN BLOCK 102, IOWA CITY, IOWA, TO HIERONYMUS SQUARE ASSOCIATES AND SETTING A PUBLIC HEARING FOR SEPTEMBER 18,2007. WHEREAS, Hieronymus Square Associates [hereinafter UHSAU] has acquired approximately 1.12 acres South of Burlington and West of Clinton Streets on Block 102 in Iowa City, Iowa; and WHEREAS, this land was rezoned from CB-5 to CB-10, pursuant to a Ordinance No. 06-4238 and a Conditional Zoning Agreement, in anticipation of the development of a mixed-use commercial and residential structure; and WHEREAS, HSA is now requesting that the City convey to it the East-West alley and the portion of the North-South alley abutting their property within Block 102, Iowa City, Iowa, to be used for private development; and WHEREAS, the City previously vacated the East-West alley in Ordinance 06-4239 on October 3, 2006, in anticipation of this development and requested conveyance and recently vacated of a portion of the North- South alley; and WHEREAS, in exchange for this conveyance, HSA will construct and maintain said alleys, will grant public access and utility easements over these alleys and will remove snow accumulations along the entire length of the North-South alley, including portions not vacated by the City; and WHEREAS, the Conditional Zoning Agreement contemplates that the City would retain ownership of these alleyways, but upon further consideration of maintenance, utility, public need and liability factors, the parties agree that the proposed conveyances are in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider the conveyance of its interest in the East- West alley on Block 102 and its interest in the North-South alley abutting HSA's property on Block 102 to HSA in consideration of HSA granting a public access easement, a utility easement and removing snow accumulations along the entire length of the North-South alley, including the portion extending to Court Street and not conveyed. 2. A public hearing on said proposal should be and is hereby set for September 18, 2007, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 4 th day of sePtem~~ MAYOR .2007. ~ VA ---.... ATTEST: 7Jr~ r;::: ~ CITY'etERK Resolution No. Page 2 07-268 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: y: x x X y x X NAYS: V:mnprhopf the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ ~ Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E, Washington Street, Iowa City, IA 52240i319-356-5030 I RESOLUTION NO. 07-?F.R REsOLUTION OF INTENT TO CONSIDER THE CONVEYANCE OF VACATED EAST- WESr",AND NORTH-SOUTH ALLEYS IN BLOCK 102, lOW CITY, IOWA, TO HIERON~US SQUARE ASSOCIATES AND SETTING A PU L1C HEARING FOR SEPTEMB~8, 2007. " WHEREAS, Hiero mus Square Associates [hereinafter "HSA"] has a uired approximately 1.12 acres South of Burlington and st of Clinton Streets on Block 102 in Iowa City, wa; and WHEREAS, this land was zoned from CB-5 to CB-10, pursua to a Ordinance No. 06-4238 and a Conditional Zoning Agreement, in ticipation of the development of mixed-use commercial and residential structure; and WHEREAS, HSA is now requesting t the City convey t It the East-West alley and the portion of the North-South alley abutting their property ithin Block 101, Iowa City, Iowa, to be used for private development; and I WHEREAS, the City previously vacated the E toW st alley in Ordinance 06-4239 on October 3, 2006, in anticipation of this development and requested co yance and recently vacated of a portion of the North- South alley; and WHEREAS, in exchange for this conveyan ,HSA '11 construct and maintain said alleys, will grant public access and utility easements over these lIeys and w remove snow accumulations along the entire length of the North-South alley, including portio s not vacated b the City; and / WHEREAS, the Conditional Zoning ~reement contemplates at the City would retain ownership of these alleyways, but upon further considlration of maintenance, utili public need and liability factors, the parties agree that the proposed convey~ces are in the public interest. I I NOW, THEREFORE, BE IT I}iSOLVED BY THE CITY COUNCIL F THE CITY OF IOWA CITY, IOWA, THAT: / I / 1. The City Council does~e . by declare its intent to consider the conveyanc of its interest in the East- West alley on Block 102 nd its interest in the North-South alley abutting HSA's roperty on Block 102 to HSA in consideration 0 HSA granting a public access easement, a utility ease nt and removing snow accumulations along,the entire length of the North-South alley, including the port n extending to Court Street and not convjyed. / 2. A public hearin~n said proposal should be and is hereby set for September 4, 2007, a 7 p.m. in Emma J. Harvat Ha~t City Hall, 410 E. Washington St, Iowa City, Iowa, or if said meeting is c celled, at the next meeti~ of the City Council thereafter as posted by the City Clerk. The City Clerk is h eby directed to cause t)l'otice of Public Hearing to be published as provided by law. I Passed atapproved this 4 th I day of :~ ,2007 ~J ( fA n--- MAY R ---- ~ I t ATTEST: ~~~ i! ~ CITY RK APp,ved by () ~arad-.Auu1~ City Attorney's Office 0-/; ').. ( cJ 7 I Ii I ~ \; \....t-- B IT Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO, 07-269 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING. TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved, 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 25th day of September, 2007, At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J, Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m, on the 2nd day of October, 2007, or at a special meeting called for that purpose. Passed and approved this 4 th day of September ,20 07 c;;Lu ~ MAYOR ATTEST: ~a~A~,f. ~ CITYCLERK Pwenglresifirestation2 -apps&s.doc 8/07 AP~ved by ~ r~~? City Attorney's Office Resolution No. Page 2 07-269 It was moved by 0' Donne 11 and seconded by adopted, and upon roll call there were: AYES: x x x X x X x NAYS: Champion ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Resolution be tV" ~c IT: Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO, 07-270 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM RENOVATIONS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved, 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 11 :00 a.m. on the 25th day of September, 2007. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2nd day of October, 2007, or at a special meeting called for that purpose. Passed and approved this 4th day of September , 20 07 ~uj)~ MAYOR ATTEST: ~ .*,. ~ CITY ERK Approved by ~~ Y--J 8'"-01- City Attorney's Office Pweng/reslsrclrreslroom-apps&s.doc 8/07 Resolution No. Page ? 07-770 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x X O'Donnell the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn (d\ ;., .; \.....,~ Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-271 RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, (Le, Second through Sixth Addition), with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, subsequent to establishing said deadlines for conveyance, the rate of sales within the Peninsula Neighborhood has been slower than anticipated; and WHEREAS, PDC has increased its marketing efforts and, given its significant investment in the Peninsula Neighborhood, remains committed to building out the Peninsula Neighborhood as envisioned by the City and PDC; and WHEREAS, as a result of the impact of these market factors, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a twenty-four (24) month extension of the January 1, 2008 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010, with closing dates of all the remaining phases (four through six) to be set for closing at subsequent three (3) year intervals (per the terms of the existing second amended agreement); and WHEREAS, given PDC's increased marketing efforts, stated commitment to developing the Peninsula Neighborhood as envisioned and designed, and recent residential real estate market difficulties, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010 by amendment of the development agreement in accordance with the amendment attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Fourth Amendment to the Peninsula Neighborhood Development Agreement attached hereto. 2. The City Clerk is hereby directed to record said amendment upon passage of this resolution at the Developer's expense. Passed and approved this 4 th day of 0~l~~ MAYOR -~ 8-3:)-0"7- ATTEST: ~~ )/ CIT LERK ~ Resolution No. Page 2 07-271 It was moved by Ba i ley and seconded by adopted, and upon roll call there were: c'orrp;,q the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 FOURTH AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT This Fourth Amendment to the Peninsula Neighborhood Development Agreement is hereby made and executed by the City of Iowa City (hereinafter "City"), 410 East Washington Street, Iowa City, Iowa 52240 and Peninsula Development Company, LLC (hereinafter "PDC" and/or "Developer"), 44700 Groesbeck Highway, Clinton Township Mi 48036. The City is a municipal corporation organized under the laws of the State of Iowa, PDC is a limited liability corporation organized under the laws of the State of Michigan. WHEREAS, The City of Iowa City and Terry L. Stamper Holdings, LLC entered into the Peninsula Neighborhood Development Agreement which was recorded at Book 2986, Page 49, Records of the Recorder of Johnson County, Iowa, and the first amendment thereto, which was recorded at Book 3060, Page 735, Records of the Recorder of Johnson County, Iowa; and WHEREAS, Terry L. Stamper Holdings, LLC assigned all its rights under the Peninsula Neighborhood Development Agreement to PDC; and WHEREAS, the City and PDC entered into a second amendment to Peninsula Neighborhood Development Agreement which was recorded at Book 3686, Page 718-732, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a third amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 3949, Page 421-425, Records of the Recorder of Johnson County, Iowa; and WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, (Le. Second through Sixth Addition), with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, subsequent to establishing said deadlines for conveyance, the rate of sales within the Peninsula Neighborhood has been slower than anticipated; and WHEREAS, PDC has increased its marketing efforts and, given its significant investment in the Peninsula Neighborhood, remains committed to building out the Peninsula Neighborhood as envisioned by the City and PDC; and WHEREAS, as a result of the impact of these market factors, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a twenty-four (24) month extension of the January 1, 2008 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010; and WHEREAS, given PDC's increased marketing efforts, stated commitment to developing the Peninsula Neighborhood as envisioned and designed, and recent residential real estate market difficulties, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010, NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THEIR MUTUAL PROMISES AND CONVENANTS, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Section G of the Second Amendment to Peninsula Neighborhood Development Agreement, recorded at Book 3686, Page 718-732, Records of the Recorder of Johnson County, Iowa is hereby amended to read in its entirety as follows: Deadlines for Conveyance. Closing on Developer's purchase must occur on or before: 1. January 1, 2010 for the Peninsula Neighborhood Third Addition; and 2. Within three (3) calendar years of closing on the immediately preceding phase for the Fourth, Fifth and Sixth Additions of the Peninsula Neighborhood (for example, closing on the Fourth Addition must occur within three (3) calendar years of closing on the Third Addition), Failure of the Developer to meet the conditions precedent to conveyance enumerated in Section F hereof within the deadlines for conveyance set forth in Section G hereof shall be a default under this agreement, and subject the Developer to the provisions of Section Q hereof. 2. The parties hereto acknowledge and agree that only the Deadlines for Conveyance outlined in Section G of the Second Amendment to the Peninsula Development Agreement have been modified by this Fourth Amendment to the Peninsula Development Agreement, and all other terms and conditions outlined in the Peninsula Development Agreement, as amended, shall continue in full force and effect. The parties specifically acknowledge that the conditions precedent to conveyance outlined in Section F of the Second Amendment to the Peninsula Development Agreement, as well as all other terms, continue in full force and effect. DATED this .,. +h day of Se,,.,J,,>')'\h,,v ,2007. I PENINSULA DEVELOPMENT COMPANY, LL~ By: Barry Kemper, President CITY OF IOWA CITY, IOWA By u:?H-( ~.k Ross Wilburn, Mayor ATTEST: By:~~R~W ian K, Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this 4 +-~day of ~~rJ"""", ~ v ,2007, before me, the undersigned, a Notary Public in and for said County and~ appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corp . n' and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said t to ~ nd deed and said municipal corporation, by it and by them volu ssion Number 159791 ('. My Commission ~ires .;:) O'Y)cJ..ncvL ~-b . . [ Notary Public in and for the State of Iowa STATE OF MICHIGAN) \^ I ) ss: rv a..Lf III COUNTY) On this 31 day of ~ /,LS t , 2007, before me, a notary public in and for the State of Michigan, personally appeared Barry Kemper, to me personally known, who being by me duly sworn did say that the person is the President of PENINSULA DEVELOPMENT COMPANY, L.L.C., a Michigan limited liability company, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Barry Kemper acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed, Jr0 JESSICA JANDRON Notary Public, State of Mich' County f W '9an My Commiss,'on exo. ayne A...i: . plre 0 2 nl.illng In the County of v. 3,2012 ,~ 1 -,..= -u:, f~W~'t ~~~ga.~ -.... .....-. CITY OF IOWA CITY ~ MEMORANDUM Date: August 29, 2007 From: City Council ~eff Davidson, Director of Planning and Community Development ~ Proposed fourth amendment to Peninsula Neighborhood Development Agreement To: Re: On your September 4, 2007 meeting agenda is an item to consider a fourth amendment to the Peninsula Neighborhood Development Agreement. This agreement exists between the City of Iowa City and the Peninsula Development Company for the approximately 82 acres of property being developed as the Peninsula Neighborhood. The Peninsula Neighborhood Development Agreement requires the Peninsula Development Company to develop the Peninsula Neighborhood according to an overall development plan stipulated by the City. This agreement was executed in 2000. The development plan calls for approximately 380 housing units to be constructed, To date, 71 units have been completed. The Peninsula Neighborhood property is being sold to Peninsula Development Company for $1.3 million. Our agreement allows the Peninsula Development Company to purchase parcels of property sequentially, according to specific deadlines. They are required to construct a minimum number of dwelling units in each addition prior to receiving approval to purchase the following addition. 6.5% interest is compounded annually on the remaining principal. We have reviewed this interest rate with Kevin O'Malley, Finance Director, and determined that it remains a reasonable rate in relationship to the prime interest rate, This is especially true given that the interest rate was not adjusted downward at times when the prime rate was quite low. The proposed fourth amendment will allow the Peninsula Development Company to extend the closing deadline for the Peninsula Neighborhood Third Addition from January 1, 2008 to January 1, 2010, The Peninsula Development Company has requested this extension due to the slow down in the Iowa City housing market, which mirrors a slow down in the housing market in the rest of the nation. Staff recommends that the proposed fourth amendment to the Peninsula Neighborhood Development Agreement be approved. Senior Planner Robert Miklo and I have met with the Peninsula Development Company manager and received assurance regarding their promotional efforts in the Peninsula Neighborhood, which are attached for your review. We have furthermore received assurance from the Peninsula Development Company that they are cooperating with local builders and that they have contracted with a local builder for an overall spruce.;up of the property. Gary Frakes Construction, Inc, recently completed a single-family home on Walker Circle that was featured in the Parade of Homes, and has broken ground on a new bungalow style model also on Walker Circle, August 29, 2007 Page 2 We remain at this time committed to the traditional neighborhood concept for the Peninsula Neighborhood, and believe that given the substantial investment that the Peninsula Development Company has already made to purchase parts 1 and 2, installation of infrastructure, and construction of 71 dwelling units, the Peninsula Development Company is our best option for implementation of our plan at this time. I will be available at your September 4 work session if you have any questions or comments. cc: Robert Miklo Sarah Holecek Kevin O'Malley Barry W. Kemper, Manager, Peninsula Development Company ppddir/mem/jd-peninsula8-28.doc Recent Marketing Efforts to Promote Home Sales & the Peninsula Neighborhood in General The following provides a synopsis of marketing activities from the past 3 years. Advertisine: OPEN HOUSE ADS in Iowa City Press-Citizen Both Alan Swanson and Gwen Johnson run regular display print ads to promote weekly open houses. REAL ESTATE GUIDE ADS On alternate Fridays, an ad for each of Alan has Peninsula Neighborhood listings in the ICPC's REAL ESTATE GUIDE. Lepik-Kroeger publishes their own guide in the ICPC with all Peninsula Listings included with pictures. Jeff Edberg also ran such advertising from 2005-2006. WSUIIKSUI Public Radio For 6+ months, Alan Swanson has been running "sponsorship" ads that mention his involvement in the Peninsula Neighborhood and the project's attractiveness. ALUMNI QUARTERLY Alan runs color ads in 3 to 4 of the 6 annual Alumni quarterly published by the University of Iowa Alumni Association to reach "returning" (retiring) alumni. Most of these ads feature at least one Peninsula properties. Peninsula Development Company ran 4 large (1 full page & 3 half page) display ads in the University of Iowa Alumni magazine in 2006. DIRECT MAIL In March 2007, Gwen Johnson sent targeted direct mail to area rente~s to promote the benefit of buying in the Peninsula rather than renting as part of a "Rent vs. Buy" Promotion that included other events on the Peninsula. Peninsula Development Company participated in a group mail out to all incoming U of I Medical residents in 2006. PDC Sent out a Happy Holidays Direct mail to all area realtors in 2005. POINT OF PURCHASE Both Realtors maintain boxes of full color feature sheets promoting each property for passers by. These are quite popular with the increase in traffic stemming from the new Dog Park. At various times, these feature sheets have also included riders to promote recent discounts and promotions, such as $3000 in free furniture or a cruise. WEB Kevin has overhauled the project website so that the latest news and current listings are easy to find. Also, Alan uses "Showcase" enhancements for listings on realtor. com. SIGNAGE Two attractive signs have been placed on the property to welcome visitors to the neighborhood and provide a map. All listed properties also have signs. PR GENERAL Kevin, Alan and Gwen have made it a priority to work with the press to for favorable coverage. In the past 2 years, positive articles about the project have appeared in the Press Citizen and the Corridor Business Journal. FOSTER CROSSING Gwen, Kevin and Alan, along with 3 other builders and the cooperation of the City have worked to rebrand the area along Foster Road as "Foster Crossing" to give it a sense of place and highlight the wide range of amenities and housing options. This included a new logo design and press release. The concept received favorable coverage in print and on TV. Parks TOWN SQUARES Peninsula Development Company moved up the development of Founder's Square and Emma Harvat Square, completing them in 2006. This represented over $70,000 in improvements including irrigation systems, brick monuments, lighting, sidewalks and landscaping. This was done earlier than planned to improve the overall appearance of the neighborhood and help illustrate the new urbanist concept. DOG PARK Peninsula Development Company gave back approximately 12 acres of land to the city to make the dog park possible in its current location Other Promotional Endeavors In March 2007, The Peninsula Hosted a Brokers open house attended by 40+ realtors. This was held during lunchtime and a complementary evening program was geared to first time homebuyers. Art Floss of Countrywide Lending was on hand to explain the mortgage process and the listed properties were open for touring. In Sep., 2006 We held a "Lunch and Learn" at the Elks Golf Club with invited community leaders to showcase all that was happening in the Foster Crossing area. Speakers included the area builders giving updates on their project, a member the nearby church discussing growth plans and the City Parks Director to discuss the new dog and disc golf parks. About 70 people attended. In July 2006 we held a Brokers Open "Poker Run" to showcase the Foster Crossing area. This was attended by 50+ Realtors. The prior summer we hosed a catered open house on Founders Square to "reintroduce the Peninsula" with a focus on the new loft and townhouse buildings. OPEN HOUSES Both Realtors conduct Open Houses on alternating weekends so that there is an open house every weekend. Gwen and Alan work together so that all listed properties are available to show during the open houses. These are often attended by 20+ visitors. Gwen also has done some Thursday evening open houses to attract an After Work crowd. PARADE OF HOMES There will be a home in the Peninsula Neighborhood on the 2007 Parade of Homes ADVOCACY Alan, Kevin and Gwen have taken active and public stances in council meetings and other forums to address issues pertinent to the overall development of the area. These have included: the Foster Crossing initiative, lobbying for an extension of city bus service to the Peninsula Neighborhood, the addition of an additional pedestrian bridge across the Iowa River and public grants and city support of a playground on Harvat square to benefit the entire area, including the Makinaw Village and Oakmont developments which have no plans for such equipment. DISCOUNTS & PREMIUMS 2 houses on Foster road have been reduced by over $40k from the original asking price. Also, many of the condos have been reduced by as much as $5k from the original asking pnce. During the months of June and July, 2007, a two pronged promotion has been in effect. Houses wew discounted by $10,000-20,000, Townhomes by $10,000 and Condos by $5,500. Also, the realtor commission has been raised from 5% to 7% with 4.5% going to the buyer agent to encourage activity among realtors who do not have listings in the project. At various times, special insertions in flyers and ads have promoted discounted pricing, free furniture, luxury cruises and discounts for area employers. Countrywide mortgage actively promotes flexible mortgage options to first time buyers or buyers with special circumstances. Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 FOURTH AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT This Fourth Amendment to the Peninsula Neighborhood Development Agr ement is hereby made and executed by the City of Iowa City (hereinafter "City" , 410 East Washington Street, Iowa City, Iowa 52240 and Peninsula Develop ent Company, LLC (hereinafter "PDC" and/or "Developer"), 44700 Groesbec" Highway, Clinton Township Mi 4803 , The City is a municipal corporation rganized under the laws of the Stat of Iowa. PDC is a limited liability corpor ion organized under the laws of the tate of Michigan. WHEREAS, The ity of Iowa City and Terry L. tamper Holdings, LLC entered into the Peninsula > ighborhood Development Agreement which was recorded at Book 2986, Page Records of the Reco er of Johnson County, Iowa, and the first amendment th reto, which was r corded at Book 3060, Page 735, Records of the Recorder 0 Johnson Count , Iowa; and \ / WHEREAS, Terry L. Stampe).\.,Holding~~' LLC assigned all its rights under the Peninsula Neighborhood Devel6~ent ,Agreement to PDC; and \ WHEREAS, the City and PDC ente'$d into a second amendment to Peninsula Neighborhood Development Agreeme"nt which was recorded at Book 3686, Page 718-732, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into\a third amendment to the Peninsula Neighborhood Development Agreement whichwas recorded at Book 3949, Page 421-425, Records of the Recoroer of Johnson County, Iowa; and ,1/ WHEREAS, pursuant to th~ Peninsula NeighborhQod Development Agreement as amended, the parties established deadlines fCilr Developer's purchase of successive phases with,in the Peninsula Neighborhood, (i.e. Second through Sixth Addition), with fqilure to meet said conveyance deadlines constituting a default under the agr~~ment; and,. WHEREAS, subsequent to establishing said deadlines for conveyance, the rate of sales within the Peninsula Neighborhood has been slower than anticipated; and WHEREAS, PDC has increased its marketing efforts and, given its significant investment in the Peninsula Neighborhood, remains committed to building out the Peninsula Neighborhood as envisioned by the City and PDC; and WHEREAS, as a result of the impact of these market factors, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a twenty-four (24) month extension of the January 1, 2008 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010; and WHEREAS, given DC's increased marketing efforts, stated commitment to developing the Penins la Neighborhood as envisioned and designed, and recent residential real estate rket difficulties, it is reasonable, appropriate and in the public interest to grant C's requested extension of the~l ing deadline for conveyance of the Peninsu Neighborhood Third Addition to Ja uary 1, 2010, NOW, THEREFORE, FOR OOD AND VALUABLE CO IDERATION AND THEIR MUTUAL PROMISES ND CONVENANTS, THI;. PARTIES HEREBY AGREE AS FOLLOWS: // 1. Section G of the Secon Peninsula Neighborhood Development Agreement, reco ed at Book 3686/Page 718-732, Records of the Recorder of Johnson Cou ty, Iowa is hereby amended to read in its entirety as follows: Deadlines for Conveyance, Closin\ on Developer's purchase must occur on or before: \ 1, January 1, 2010 for the Peninsula ghborhood Third Addition; and 2. Within three (3) calendar years 0 c sing on the immediately preceding phase for the Fourth, Fifth d ~ixth Additions of the Peninsula Neighborhood (for example, cl sing 0 the Fourth Addition must occur within three (3) calendar years f closin on the Third Addition). Failure of the Developer to mee the conditi ns precedent to conveyance enumerated in Section F hereof w: hin the deadli s for conveyance set forth in Section G hereof shall be a d fault under this greement, and subject the Developer to the provisions of S ction Q hereof. 2. The parties hereto ackn wledge and agree th t only the Deadlines for Conveyance outlined in Section G of the Se nd Amendment to the Peninsula Developmen Agreement have been odified by this Fourth Amendment to the Pe Insula Development Agreem nt, and all other terms and conditions outli d in the Peninsula Develo ment Agreement, as amended, shall con. ue in full force and effect. The parties specifically acknowledge that th conditions precedent to conveyance outlined in Section F of the Second A endment to the Peninsula Development Agreement, as well as all other terms, continue in full force and effect. DATED this day of ,2007. PENINSULA DEVELOPMENT COMPANY, L.L.C. CITY OF IOWA CITY, IOWA By: Barry Kemper, President By: / Ross Wilbup{ Mayor ,I STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: :,/ By: On this _ day of , 2007, befor~'fi1e, the undersigned, a Notary Public in and for said County and State, personall appeared.,.Ross Wilburn and Marian K. Karr, to me personally known, who being by me dul sworn, .did say that they are the Mayor and City Clerk, respectively, of said municipal corporation xe96ting the within and foregoing instrument; that the seal affixed thereto is the seal of said munic al corporation; that said instrument was signed and sealed on behalf of said municipal corp attQn by authority of City Council of said municipal corporation; and that the said Ross WiI rn arl Marian K. Karr acknowledged the execution of said instrument to be the VOlunt7ry act nd deed d said municipal corporation, by it and by them voluntarily executed. / / STATE OF MICHIGAN )/ ) ss: ) day of , 20 7, before me, a notary public in and for the Stat of Michigan, personally appeared Barry Kemp r, to me personally known, who being by me d y sworn did say that the person is the President of ENINSULA DEVELOPMENT COMPANY, .L.C., a Michigan limited liability company, and that s id instrument was signed on behalf of t e said limited liability company by authority of its ma agers and the said Barry Kemper cknowledged the execution of said instrument to be the vol tary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Michigan Michael A. Mauro Secretary of State State of Iowa 28E Agreement ~ z o .... Vl =' .... (..) i:i: ..... o c:: o ..... FILED M500253 9/7/200711:08:17 AM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 'Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 570 Other Neighborhood Services (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) The provision of commercial and industrial electrical inspections. Item 4. The duration of this agreement is: (check one) DAgreement Expires IlIlndefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) III NO o YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Sectretarv Department Administrative Sectretarv Email kellie-tuttle<.Q:liowa-city,orQ Phone 319-356-5043 f " t..1 c ~ L!LJ Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 07-272 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR THE PROVISION OF COMMERCIAL AND INDUSTRIAL ELECTRICAL INSPECTIONS. WHEREAS, Iowa City provides electrical inspections for commercial and industrial properties; WHEREAS, Iowa Code Chapter 28E (2007) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, the City of Iowa City and Johnson County have negotiated the terms of a 28E Agreement for the Provision of Commercial and Industrial Inspections, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Chapter 28E Agreement between the City of Iowa City, Iowa and Johnson County, Iowa for the Provision of Commercial and Industrial Inspections in duplicate. 2. The City Clerk is directed to forward one original to Johnson County for filing with the Johnson County Recorder and to file one original with the Secretary of State as provided in Iowa Code section 28E.8 (2007), day of "P~_u:j]~ MAY R ~ , Passed and approved this 4 th ATTEST: ~ k. ~ CIT ERK Approv~y ~. ~~ 'it-dO..O} City Attorney's Office Resolution No. Page 2 07-272 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x X X x x x NAYS: O'Donnell ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Drafted by Andrew B. Chappell, Assistant County Attorney, 417 S. Clinton St, Iowa City, 1A 52240, 319339.6100 28E Agreement between Johnson County, Iowa, and the City of Iowa City for the Provision of Commercial and Industrial Electrical Inspections WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2007); and WHEREAS, the County desires to obtain the services of a Building Inspector for purposes of conducting commercial and industrial electrical inspections pursuant to the Johnson County Building Code; and WHEREAS, the City has personnel qualified to engage in commercial and industrial electrical inspections pursuant to the Johnson County Building Code, the electrical portion of which is substantially similar to the Iowa City Electrical Code; and WHEREAS, the City is willing to make said personnel available to the County for purposes of commercial and industrial electrical inspections pursuant to the Johnson County Building Code, NOW, THEREFORE, it is agreed that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2007) providing for cooperative action relative to commercial and industrial electrical inspections and said cooperative actions include the following: l. PURPOSE AND SCOPE: The purpose of this agreement is to define and assign specific responsibilities and outline costs for the provision of commercial and industrial electrical inspections by the City to the County. 2. CONSIDERATION: The mutual consideration herein is the provision of specified services by the City in exchange for the reimbursement provided by the County. No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein and the City Council of Iowa City shall administer the City's duties and responsibilities herein. 3. SERVICES PROVIDED: The City shall provide inspection and plan review services, as needed, to the County for commercial and industrial electrical inspections. Services shall also include cooperation with enforcement measures and appeals to the applicable Board of Appeals, all pursuant to the provisions of the Johnson County Building Code. For the purposes ofthis Agreement, commercial and industrial electrical inspections shall include electrical inspections of all structures regulated by the International Building Code, except those structures designated with R occupancies. 4. COMPENSATION: As compensation for the inspection and plan review services provided by the City, the County shall pay the City $34.09 per hour of time spent during the regular hours listed in paragraph 6, and $50.00 per hour of time spent (with a two- hour minimum) outside ofthe regular hours. The same hourly rates shall apply for any time deemed necessary for cooperation with enforcement and appeals. The County shall also pay the City $.48 per mile for any mileage incurred by the City in furtherance of this Agreement. The City and the County shall review, and if necessary update, these amounts yearly to ensure they represent the actual cost incurred by the City for providing the services described herein. 5. INSPECTION AREA: The inspection and plan review services described herein shall be provided for all areas of unincorporated Johnson County as well as the incorporated areas of other cities for which the County currently provides building inspection services under other 28E cooperative agreements, including the City of Hills, the City of Swisher, and the City of Shueyville. 6. INSPECTION TIMING AND HOURS: The City shall provide service to County applicants within a reasonable period of time after 24 hours notification of the need for an inspection and/or plan review. The regular hours for said services shall be 9:00 a.m. through 4:00 p.m., Monday through Friday, excluding City-recognized holidays. 7. PERMIT PROCESS: All applicants shall begin the permit process by obtaining necessary forms from the Johnson County Building Official. The County shall issue building permits upon receipt of certification from the City Building Inspector that all applicable requirements have been met. 8. LIABILITY AND THIRD-PARTY RIGHTS: Nothing herein is intended to alter the City's and/or the County's responsibility for their respective actions and those of their employees, including liability for or immunity from third-party claims. Nor is this Agreement intended to create any third-party benefits. Rather, this Agreement is intended as an efficient way to provide commercial and industrial electrical inspection services to those properties under Johnson County's jurisdiction. 9. NOTICES: Any notice by County to City is effective by ordinary mail addressed to: Housing and Inspection Services Director, 410 East Washington Street, Iowa City, IA 52240. Any notice by City to County is effective by ordinary mail addressed to: Planning and Zoning Administrator, 913 S. Dubuque Street, Iowa City, IA 52240. 10. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by both the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Iowa Secretary of State and the Johnson County Recorder as provided in Section 28E.8 of the Code of Iowa (2007). 11. DURATION AND TERMINATION: Once effective, this Agreement shall be in effect for one year after the date it is executed. At the end of the one-year effective period, and each subsequent one-year effective period, the agreement shall be 2 automatically renewed for an additional one year period unless the City or the County objects in writing to such renewal prior to the renewal date. Additionally, either party may terminate this agreement upon thirty (30) calendar days written notice of termination to the other party at the address listed for Notices above. 12. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2007) and statutes respecting the rights and responsibilities of political subdivisions. 13. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the Housing and Inspection Services Director, as representative for the City, and to the Planning and Zoning Administrator, as representative for the County, who will both make a good faith effort to resolve the dispute. Ex cuted in dupli ate each of which shall constitute an original on this...:?Q'P,- day of , 2007. JOHNSON C ~.$~ Johnson County Board of Supervisors Attest: /_ J~ County Auditorfi)';"ignee- - .. APprove~ /It. ~~ Jo son County ey JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COlJNTY) On this 3011f day ~ AVt~el of Iowa, personally 'TOM. ;;. Loc.-K'eTr of f1 Vb/) sf , 2007, before me, , a Notary Public in and for the State appeared Pat Harney, Board Chairperson and , AuditorlDesignee, to me personally known, and, sworn, did say that they are the Board Chairperson and who, being by me duly 3 Auditor/Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Harney and TOM :> La c.--K~t.y acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. n HARRY RUEBER 0~1:. Commission Nu~ber 1~0942 . . My Com 'sslon l:W11JlS . ....1-.Q"'ti1 ow '" ~~ Notary Pu?l . in and. for the Staty....o! Iowa (7 My commISSIon expIres: I - I ~ Z-oo () CITY OF IOWA CITY C2uJt- Ross Wilburn, Mayor City of Iowa City Attest: ~ _.;..4~ k. ~ ~lerk!Designee Approved: City Attorney ~~ <g."3(-oi- CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) 1-1... On this -4 day of S to' f)"-I--~ h"\ h.~ y , 20Ql, before me, S. v n d r 0.. e.- Fe r +- , a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in 4 Resolution No. b,....- d-7 d- passed by the City Council on the 4 t~ day of ~ep--em \xv , 20c 7, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. i'N~ SONDRAEFORT o ~ Commissio. n Numbe.r 159791 . . My Commission Expires lOW 2> /7 ~ ,,0 S~~ hrr-t Notary Public in and for the State ofIowa My commission expires: :; i '7 / Jo09 5 Drafted by Andrew B. Chappell, Assistant County Attorney, 417 S. Clinton St, Iowa City, lA 52240, 319.339.6100 28E Agreement between Johnson County, Iowa, and the City of Iowa City for the Provision of Commercial and Industrial Electrical Inspections WHEREAS, both the City ofIowa City ('1 e City") and Johnson County ("the County") are public agencies as defined by Sectio 28E.2 of the Code of Iowa (2007); and WHEREAS, the ounty desires to obtain t e services of a Building Inspector for purposes of conducting co mercial and industrial electrical inspections pursuant to the Johnson County Building C e; and WHEREAS, the City has ersonnel qual' led to engage in commercial and industrial electrical inspections pur ant to the Jj hnson County Building Code, the electrical portion of which is substant lly simi ar to the Iowa City Electrical Code; and NOW, THEREFORE, it is agreed t at the 'ty and the County enter into an agreement pursuant to Chapter 28E of the ode of Io a (2007) providing for cooperative action relative to commercial and industri electrical i~pections and said cooperative actions include the following: \. " l. PURPOSE AND SCOPE: The p rpose of this agreerrt~nt is to define and assign specific responsibilities and outline cost for the provision of cOlJ:lmercial and industrial electrical inspections by the City to the ounty. \\ " WHEREAS, the City is willing to a e said personnel available to the County for purposes of commercial and industrial electrO al inspections pursuant to the Johnson County Building Code. 2, CONSIDERA nON: The mut al consideration herein is the phwision of specified services by the City in exchange for the reimbursement provict6\l by the County. No separate legal entity is created by this Agreement. The Johnson County, Board of Supervisors shall administer the County's duties and responsibilities herein '~d the City Council of Iowa City shall administer the City's duties and responsibilities her\;in. \. 3. SERVICES PROVIDED: The City shall provide inspection and plan revlew services, as needed, to the County for commercial and industrial electrical inspections. Services shall also include cooperation with enforcement measures and appeals to the applicable Board of Appeals, all pursuant to the provisions of the Johnson County Building Code. For the purposes of this Agreement, commercial and industrial electrical inspections shall include electrical inspections of all structures regulated by the International Building Code, except those structures designated with R occupancies. 4. COMPENSA TION: As compensation for the inspection and plan review services provided by the City, the County shall pay the City $34.09 per hour of time spent during the regular hours listed in paragraph 6, and $50.00 per hour oftime spent (with a two- hour minimum) outside of the regular hours. The same hourly rates shall apply for any time deemed necessary for cooperation with enforcement and appeals. The County shall also pay the City $.48 per mile for any mileage incurred by the City in furtherance of this Agreement. The City and the County shall review, and if necessary update, these amounts yearly to ensure they represent the actual 'cost incurred by the City for providing the services described herein. 5. INSPECTION A: The inspection d plan review services described herein shall be provided for all a eas of un incorporate Johnson County as well as the incorporated areas of other ities for which th County currently provides building inspection services under ot r 28E cooperati e agreements, including the City of Hills, the City of Swisher, and the '1y of Shueyvi e. 6. INSPECTION TIMING S: The City shall provide service to County applicants within a reasonable perio of ti e after 24 hours notification of the need for an inspection and/or plan review. The re ul r hours for said services shall be 9:00 a.m. through 4:00 p.m., Monday through Fri y, excluding City-recognized holidays. 7. PERMIT PROCESS: All appl' ant hall begin the permit process by obtaining necessary forms from the Johnson Co ty Bu ding Official. The County shall issue building permits upon receipt of cert' lcation fr the City Building Inspector that all applicable requirements have been et. 8. LIABILITY AND THIRD ARTY RIGHTS: Nothing herein is intended to alter the City's and/or the County's re ponsibility for their r pective actions and those of their employees, including liability f, or immunity from thir arty claims. Nor is this Agreement intended to create y third-party benefits. Rat er, this Agreement is intended as an efficient way t<i provide commercial and indu rial electrical inspection services to those properties under Johnson County's jurisdictio . 9. NOTICES: Any notice by County to City is effective by 0 inary mail addressed to: Housing and Inspection Services Director, 410 East Washington treet, Iowa City, IA 52240. Any notice by City to County is effective by ordinary mail ad essed to: Planning and Zoning Administrator, 913 S. Dubuque Street, Iowa City, IA 5224 10. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by both the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Iowa Secretary of State and the Johnson County Recorder as provided in Section 28E.8 of the Code ofIowa (2007). ll. DURATION AND TERMINATION: Once effective, this Agreement shall be in effect for one year after the date it is executed. At the end of the one-year effective period, and each subsequent one-year effective period, the agreement shall be 2 automatically renewed for an additional one year period unless the City or the County objects in writing to such renewal prior to the renewal date. Additionally, either party may terminate this agreement upon thirty (30) calendar days written notice of termination to the other party at the address listed for Notices above. l2. INTERPRET A TION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2007) and statutes respecting the rights and responsibilities of political subdivisions. l3. DISPU E RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted t the parties for resolution prior to ei er party pursuing administrative or judicial remedies. In the event such matters must b submitted to the parties, they shall be submitted speci cally to the Housing and Insp tion Services Director, as representative for thh.,City, and to the Planning d Zoning Administrator, as representative for the County, who will both mea good faith effort to resolve the dispute, Executed in duplicate each of whic shall constitute an original on this day of , 2007. Attest: County AuditorlDesign e atHarney, Chairperson Johnson County Board of Supervisors JOHNSON COUNTY ApprQyed: "\\ Johnson County Attorney '\\ , STATE OF IOWA ) /) ss: JOHNSON COUNTY) On this day of , 2007, before me, , a Notary Public in and for the State of Iowa, personally appeared Pat Harney, Board Chairperson' and , AuditorlDesignee, to me personally known, and, who, being by me duly sworn, did say that they are the Board Chairperson and AuditorlDesignee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was 3 signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Harney and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY) Notary Public in and for the State of Io a My commission expires: Ross Wilburn, Maym: City of Iowa City Attest: City ClerklDesignee ~ %-Jo --Of City Attorney \ \ \\ \ On this day of , 20_, before me, , a Notary ublic in and for the State of Iowa, personally appeared Ross ilburn, Mayor and Marian . Karr, to me personally known, and, who, being by me dul sworn, did say that they are th ayor and City Clerk, respectively, of the City of Io a City, Iowa; that the seal affi d to the foregoing instrument is the corporate seal f the corporation, and that the instrum t was signed and sealed on behalf of the corpo ation, by authority of its City Council, as contained in Resolution No. passed by the City Council on the day of , 2 _, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the inst nt to be their voluntary act and deed and the voluntary act and deed of the corporation, b it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 4 M4 ~ Wl..J Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 07-273 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT FOR THE INSTALLATION AND USE OF AN INTELLIGENT TRANSPORTATION SYSTEM ITS-7480(333)-- 25-00. WHEREAS, the City of Iowa City, Iowa has approved a cooperative agreement with the Iowa Department of Transportation by Resolution 07-162; and WHEREAS, the City of Iowa City, Iowa has negotiated an addendum to that agreement with the Iowa Department of Transportation, said addendum to the agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said addendum to the cooperative agreement with the Iowa Department of Transportation for ITS-7480(333)--25-00 for the installation and use of an Intelligent Transportation System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned addendum to the agreement, and the addendum to the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the addendum to the agreement in duplicate between the City of Iowa City and the Iowa Department of Transportation. 3. The City Clerk shall furnish copies of said addendum to the agreement to any citizen requesting same. Passed and approved this 4 th day of September ,20 07 ~~ MAYOR ATTEST: ~ tV ~~ CIT LERK .:;J:oved by C(.3.~ City Attorney's Office r-I :J-tfJ/ Q., pweng/resIlTS-7480(333)-25-00addend.doc Resolution No. Page 2 07-271 It was moved by c'h,qmpi on and seconded by adopted, and upon roll call there were: AYES: x X X x x X x NAYS: V:milprnnpf the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn STAFF ACTION NO: 5-2008-0185 ADDENDUM TO COOPERATIVE AGREEMENT 2007-16-002 County City Project No. Iowa DOT Addendum No. Johnson & Scott Iowa City ITS-7480(333)- -25-00 2007 -16-002A This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Iowa City, Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A; WITNESSETH; that WHEREAS, the DOT proposes to install an Intelligent Transportation System (ITS) network consisting of cameras, sensors, dynamic message boards, and other related technology in the Iowa City metropolitan area of the State ofIowa for the purpose of easing traffic congestion and improving the safety and efficiency of vehicle transportation in and around Iowa City; and WHEREAS, the DOT, as part of the ITS project, will install cameras, sensors and other related technology on 1-80, 1-380, and U.S. 218 in and around the city ofIowa City; and WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, this Addendum reflects the current concept of this project which is subject to modification by the DOT; and NOW, THEREFORE, IT IS AGREED as follows: 1. The CITY and DOT previously entered into Agreement 2007-16-002, which was signed by the CITY and DOT on May 14, 2007 and May 18, 2007 respectively, for construction of the following project: Installation, by the DOT, of the ITS network within the city ofIowa City. The DOT agreed to provide the CITY access to and control of the DOT's ITS network. 2. Subsequent to the execution of Agreement 2007-16-002, the DOT requested that the CITY allow the installation of DOT equipment on CITY-owned infrastructure, in accordance with the following terms and conditions: A. The DOT shall install an equipment cabinet, a traffic sensor unit, conduit, and additional necessary equipment on the outside of CITY Pole Number 19 located just north ofthe interchange of US. 218 and Iowa 1. Additionally, the DOT will splice into the existing CITY -provided electrical circuit to supply electrical power to the ITS equipment at this location. The DOT will provide the material and the labor necessary to install this equipment at no cost or obligation to the CITY. The CITY shall supply the electrical power necessary for the ITS equipment at no cost or obligation to the DOT. B. The DOT shall install an equipment cabinet, a traffic sensor unit, conduit, and additional necessary equipment on the outside of CITY Pole Number 7 located just north ofthe interchange of U.S. 218 and Melrose Avenue. Additionally, the DOT will splice into the existing CITY -provided electrical circuit to supply electrical power to the ITS equipment at this location. The DOT will provide the material and the labor necessary to install this equipment at no cost or obligation to the CITY. The CITY shall supply the electrical power necessary for the ITS equipment at no cost or obligation to the DOT. General Provisions 3. The DOT will bear all costs except those allocated to the CITY under other terms of this Addendum. 4. In the event this project is fmanced with federal funds, the CITY will take whatever action may be necessary to comply with applicable federal laws and regulations which includes but is not limited to Title 23 CFR (Code of Federal Regulations). 5. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT, except as specifically noted in this Addendum. 6. The CITY will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affIrmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. Miscellaneous Provisions 7. All previously executed agreements (see Section 1 herein) will remain in effect except as amended herein. 8. It is the intent of both (all) parties that no third party beneficiaries be created by this Addendum. 9. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such fmding shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled. 10. This Addendum may be executed in two counterparts, each of which so executed will be deemed to be an original. 11. This document; as well as the unaffected provisions of any previous agreement( s), addendum(s), and/or amendment(s); represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Addendum will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2007 -16-002A as of the date shown opposite its signature below. CITY OF IOWA CITY: By: Ck2 U ~Qi- Title: Mayor Date Seotember 4 ,200--1-- I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ross Wilburn , who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same on the...4..th. day of ~ppt"pmhpr ,200-z-. Signed ~ ,f. ~~ City Clerk of Iowa City, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: Q E2~ rr-; By: OnYI.NI -oc\!p\h ,-.., Jm;. Schnoebelen District Engineer District 6 Date~/o7 /0, .200_ M~ I 09~~07 , Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 07-?7L.. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE McCOLLISTER BOULEVARD PCC PAVEMENT (HDP-3715(628)-71-52) AND McCOLLISTER BOULEVARD BRIDGE (HDP-3715(634)-71-52) PROJECTS. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for projects HDP-3715(628)-71-52 and H DP-3715(634 )-71-52 for the construction of McCollister Boulevard from Riverside Drive to Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate, 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same, Passed and approved this 4th (2~:('J~ Mayor ATTEST: ~~ ~ ~ . City Clerk Approved by: -4a::t -4uu1Ml7l7J City Attorney's Office Resolution No. Page ? 07-774 It was moved by R,q; 1 Py and seconded by adopted, and upon roll call there were: AYES: x x X X x X x NAYS: ABSENT: Vanderhoef the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn IOWA DEPARTMENT OF TRANSPORTATION Federal-aid Agreement for a SAFETEA-LU Highway Demonstration Project Recipient: City of Iowa City Project No.: HDP-3715(628)--71-52 & HDP-3715(634 )--71-52 Iowa DOT Agreement No: 6-07-HPPU-17 This is an agreement between Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44, provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require all Federal funds to be administered by the Department. The United States Congress has provided Federal funding for the project described below from the High Priority Projects (HPP) program, which was continued under Sections 1701 through 1703 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59. These funds are hereinafter referred to as HPP funds. The United States Congress has also provided Federal funding for the project described below from the Transportation Improvements (TI) program, which was established under Section 1934 of SAFETEA-LU, Public Law 109-59. These funds are hereinafter referred to as TI funds. Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the Federal funds named above to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1 . The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described project: Design and construction of an extension of McCollister Boulevard from Riverside Drive to Gilbert Street, including a new bridge across the Iowa River and associated connections to other existing roadways, 4. The Recipient shall receive reimbursement for authorized, approved, and eligible project costs from the Federal funds named above. Eligible project costs shall include preliminary engineering, right-of-way, and construction. 5, SAFTEA-LU set a total upper limit of $2,000,000 in HPP funds for this project (Demo I.D. IA 076, HP 830). Beginning with Federal Fiscal Year (FFY) 2005, and continuing through FFY 2009, 20% of this total will be allocated each year. However, after each year's allocation is distributed, the actual amount of HPP funds available for obligation (and consequently, reimbursement) will be limited by the amount of obligation authority made available each year by Congress, or the total amount of obligation authority accumulated to date. Therefore, the portion of the project costs reimbursed with HPP funds shall be limited to a maximum of either 80% of eligible costs (other than those costs reimbursed with other Federal funds) or the total amount of obligation authority, whichever is less. 6, SAFTEA-LU set a total upper limit of $3,000,000 in TI funds for this project (Demo 1.0. IA 162, TI 92). Of this total, 10% will be allocated in Federal Fiscal Year 2005,20% in 2006, 25% in 2007 and 2008, and 20% in 2009. However, after each year's allocation is distributed, the actual amount of TI funds available for obligation (and consequently, reimbursement) will be limited by the amount of obligation authority made available each year by Congress, or the total amount of obligation authority accumulated to date. Therefore, the portion of the project costs reimbursed with TI funds shall be limited to a maximum of either 80 % of eligible costs (other than those costs reimbursed with other Federal funds) or the total amount of obligation authority, whichever is less. March 2005 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement 1. General Requirements. a. Since this project is to be financed with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. b. No person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or disability in all Federally funded programs and activities of the recipients, subrecipients, and contractors. The Department will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federally funded projects. c. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation, d. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph e. The Office of Management and Budget (OMB) Circular A-133 requires the Recipient to report the Catalog of Federal Domestic Assistance (CFDA) number and title on all Federally funded projects. The Recipient shall use CFDA #20.205 and title, "Highway Planning and Construction" for this project. The Recipient shall report this information in the Schedule of Expenditures of Federal Awards that is required by OMB Circular A-133. 2. Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the District Local Systems Engineer to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHW A authorization to the Department. Upon receipt, the Department will forward this request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization, will not be reimbursed with Federal funds. 3. In-House Engineering Services. a. If Federal funding is requested for in-house engineering services, the Recipient shall follow the procedure outlined in Index NO.2 of the Project Development Information Packet. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Before incurring costs for in-house engineering services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Consultant Services a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications-based selection EXHIBIT 1 Page 2 process. The Recipient shall follow the procedures for selecting and using consultants outlined in Index NO.1 of the Project Development Information Packet. b, If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department an amount equal to the amount of Federal funds made available for such engineering. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHW A requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S, Coast Guard, U,S. Army Corps of Engineers, the Department, etc. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right-of-Way. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of- way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right- of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of- way. b, If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the sum or sums of Federal funds in the right-of-way to the Department. 7. Letting the Project. a, The project plans, specifications, and project cost estimate (PS&E) shall be prepared and certified by a Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and other contract documents to the Department for review and approval to let the project. b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. EXHIBIT 1 Page 3 c. The Recipient shall forward a Federal-aid Project Development Certification and final PS&E to the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 384.102. d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the Department in accordance with its normal letting procedures. After bids are received and reviewed, the Department will furnish the Recipient with a tabulation of responsive bids, e. When let by the Department, the Department will prepare an Iowa DOT Staff Action for concurrence to award the contract. The Department will mail three originals of the unexecuted contract to the Recipient. f. The Recipient shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the Recipient shall forward to the Department two copies of the fully executed contract, two copies of the performance bond, and two copies of the certificate of insurance. 8. Construction. a. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 lAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. b. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined by the Department. c. The Recipient shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The Department will bill the Recipient for testing services according to its normal policy. 9. Payments. a. The Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. b. The Department shall reimburse the Recipient for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the Department determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the Department. c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, and any special assessments made by the Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. EXHIBIT 1 Page 4 10. Project Close-out. a. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to the Department that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. b. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times during the construction period and for 3 years from the date of final Federal funding reimbursement, for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. c, The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA.